Dr. Abdulwahab Oyedokun, the Director of Authorized Companies, Joint Admissions and Matriculation Board (JAMB) on Monday, informed the Nationwide Industrial Court docket that the dismissal of Mr. Yisa Usman, a deputy director within the board, adopted due course of.
Oyedokun informed Justice Osatohanmwen Obaseki-Osaghae whereas being cross examined by Usman’s lawyer, Mallam Mohammed Shuaibu, in a swimsuit instituted in opposition to JAMB over his shopper’s alleged illegal dismissal.
The Information Company of Nigeria (NAN) reviews that Usman had filed a N150 million swimsuit in opposition to JAMB in swimsuit marked: NICN/ABJ/266/2023 over alleged illegal dismissal.
The claimant alleged that the composition of the Board’s Directorate Employees Disciplinary Committee that was set as much as dismiss him was wholly irregular, unlawful, null and void for failure to adjust to Article 3.5.4 of the Board’s Employees Guide and Situations of Service.
The claimant had argued that his proper to honest listening to couldn’t have been assured earlier than the committee because the composition didn’t mirror what was stipulated in related legal guidelines of public service.
He had urged the courtroom to carry that “the claimant’s purported dismissal by the defendant( JAMB) with out the consideration of the Committee’s Report by the defendant’s board is illegal, unlawful null and void.”
He alleged that the composition of the committee was largely comprised of board’s registrar and different administrators who had been beneficiaries of alleged infractions in JAMB uncovered by him.
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The claimant sought an order reinstating him “to his place with full entitlements, advantages and perks as a result of him by advantage of his place” in addition to an an order granting him all of the salaries, allowances, perks as a result of him or that may have been as a result of him however for the purported dismissal.
Earlier when the matter was referred to as, counsel to JAMB, Abiodun Owonikoko, SAN, led Oyedokun in proof as sole defence witness (DW).
The senior lawyer, by way of the DW, tendered the witness assertion on oath, dated March 11, 2024, as proof.Additionally, Owonikoko sought to tender 33 paperwork connected to the witness assertion on oath as proof earlier than the courtroom.
Nonetheless, Shuaibu, who didn’t oppose the applying, stated this may be topic to the claimant’s rights to lift any situation within the closing written handle.
The choose consequently admitted the 33 paperwork in proof and marked them as Reveals D-1 to D-33 respectively.“The paperwork are admitted in proof topic to the claimant’s rights to lift any situation at written handle,” she dominated.
The witness made reference to the 33 licensed paperwork within the defence record of proof which confirmed the timeline of the board’s probe of Usman resulting in his dismissal.
The paperwork he recognized in open courtroom included the report of the disciplinary committee, conveyance of approval of the choice of the disciplinary committee by the Federal Ministry of Training to JAMB, and clearance/exoneration letters from authorities our bodies which investigated the claimant’s varied petitions in opposition to the registrar and JAMB.
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Others included the Report of Bureau of Public Procurement, a replica of question issued to Usman, promotion letters issued to Usman, a replica of his reply to the question, his alleged refusal to handover official password, conclusion of investigation, report of the JAMB Directorate Disciplinary Committee forwarded to Minister of Training and a replica of the six depend cost instituted by FRN in opposition to Usman at Federal Excessive Court docket in Abuja.
These additionally included an invite letter from ICPC inviting Usman and two others, letter from Usman dated 6 June, 2022 addressed to registrar, e-mail message from Usman to the registrar dated March 2022, Workplace of Everlasting Secretary, Ministry of Finance on the report of investigation carried out on the occasion of Mr. Usman; e mail and letter from Usman which title: Re: Invitation to Seem Earlier than Disciplinary Committee, amongst others.
Beneath cross-examination, the claimant’s lawyer, Mohammed Shuaibu, requested the witness if he was conscious that in Chapter 9 of the JAMB Employees Guide, it states that the structure of the disciplinary committee that may strive the calibre of workers as a deputy director should comprise of all the administrators of JAMB.
The witness, although agreed with Shaibu on the composition which should mirror the Federal Character Rules based mostly on fairness and equity, he nonetheless stated {that a} round accredited by the governing board supercedes the availability.
The witness insisted that opposite to the place of the claimant that solely administrators may decide his destiny, the administration of JAMB “has energy to represent disciplinary committee.”
He maintained that the ability to self-discipline or dismiss the claimant was inside the powers of the board which is enshrined in its established Act.
The witness informed the courtroom that the dismissal of the claimant over infractions in public service was not achieved in unhealthy religion neither was it achieved unlawfully.
He highlighted that Usman had been dismissed on July 3, 2023, whereas the courtroom case in opposition to him by the Federal Republic of Nigeria (FRN) was instituted on Jan.16, 2024.
“I put it to you that the structure of the disciplinary committee was incorrect because it was not in accordance with laid down process, ” the claimant’s lawyer requested the witness.
“The structure of the committee is so as,” the witness responded.
When the witness was requested if the allegations resulting in Usman’s dismissal was at any time referred to his head of division, Oyedokun responded within the affirmative.
“Are you conscious that underneath the Public Service Guidelines, the ability to dismiss or self-discipline public servants lies with the Federal Civil Service Fee (FCSC),” Shuaibu requested.
“That pertains to these within the core ministries. What I’m saying is that these inside parastatals have legal guidelines that govern them. They’re ruled by the established Act,” the witness responded.
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“I put it to you that the ministry that sanctioned the claimant and accredited his dismissal has no energy to try this?” Shuaibu requested.
“That’s not appropriate my lord,” Oyedokun responded.
“I put it to you that the structure of the committee was incorrect as a result of it was not in accordance with laid down protocol,” the lawyer stated.
“The committee was correctly constituted my lord,” the witness stated.
When Shuaibu informed the witness that the 2 representatives from the Federal Ministry of Training within the disciplinary committee weren’t purported to be a part of the panel, Oyedokun stated they had been purported to be a part of the committee being the representatives of the supervising ministry.
The witness informed the courtroom that the JAMB Registrar, Prof. ishaq Oloyede, the director of Finance and Account and Mabel Agbebaku, amongst others, recused themselves from the disciplinary committee due to Usman’s petitions in opposition to them and in an effort to guarantee honest listening to.
After the witness testimony, Owonikoko introduced the closure of JAMB’s defence within the matter.
Justice Obaseki-Osaghae consequently adjourned the matter till Might 28, 2025 for adoption of ultimate written addresses by the events.
